61
it clear that not following or complying with the provisions of the Act, would
not per se vitiate the evidence, in a given case. This was again affirmed in
Ashish Jain & Ors. v. Makrand Singh38.
115. In the present case, PW-24’s deposition corroborates the lifting of the
fingerprints by constable Dinesh in his presence. Therefore, the nonexamination of constable Dinesh is not fatal to the prosecution’s case regarding
fingerprints. As far as the integrity of the crime scene is concerned, PW-21
deposed that though the door to the flat was open, when he reached there, the
police were standing outside and it was not possible that the crime scene was
contaminated. The IO (PW-31) admitted that the crime scene was not sealed
when the investigation took place on the evening of 19.06.2011; however, he
clarified that the forensic department personnel who reached the site before him
had secured the place. Given this consistent evidence, this court is of opinion
that the possibility of members of the public or unauthorized persons,
contaminating the crime scene, so soon after the incident was reported, is
remote.
116. Fingerprints collected at a crime scene from all personnel who were at the
scene and who might have inadvertently touched physical evidence, are known
as ‘elimination prints’. In the present case, elimination prints of the deceased
were obtained on 20.06.2021; they were part of the record. The record would
show that PW-3, PW-5, PW-9 were present at the crime scene, but admittedly
their fingerprints were not obtained. It appears from the testimony of PW-9 that
initially, the witnesses were asked to be outside, but later, asked to join the
proceedings, to witness the seizures made. All the three witnesses, consistently
deposed regarding fingerprint experts’ visit to the site, the use of powder on the
surfaces and lifting of fingerprints. PW-5, in cross examination said that his
fingerprint was not obtained. During hearing, counsel for the appellants had
repeatedly emphasized that elimination prints were not taken from others
38 (2019) 3 SCC 770
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents